In 2008, Massachusetts passed “Jessica’s Law,” creating new criminal offenses with strong, mandatory prison sentences for the worst child sexual abusers, but failed to add the new “Jessica’s Law” offenses to the definition of sex offenses in the Sex Offender Registry Law. As a result, any persons convicted of the most heinous crimes created by Jessica's Law were not required to register as sex offenders.
A bill to fix that deficiency was filed in the prior legislative session (House No. 5109 of 2007-2008), and died, without passage. Representative Eugene L. O'Flaherty introduced the bill again at the beginning of this session (House No. 1589), and it languished, without any action since November 2009, appearing to be on its way to another death by inaction.
I have some familiarity with the “Jessica’s Law” offenses. In 2009, as an Assistant District Attorney assigned to the Child Abuse Unit of the Middlesex District Attorney’s Office, I achieved the first convictions in Massachusetts under “Jessica’s Law,” following a jury trial in Woburn Superior Court. While the defendant in that case had certainly earned a “Jessica’s Law” conviction—he was convicted of both indecently touching and raping a child, and had previously been convicted of molesting a different child—he was not required by his "Jessica's Law" convictions to register as a sex offender when he finishes his 15- to 20-year-prison sentence. This loophole, allowed by the legislature to exist, had to be closed. There should be no free passes to those who make a decision to harm a child.
On July 9, 2010, I wrote a letter (and page 2) to Senate President Murray and House Speaker DeLeo urgently appealing for passage of House 1589 to be a priority in the closing days of this legislative session. A few days later, I issued a press release, calling attention to the issue. The Patriot Ledger responded to the press release with both a story and an editorial. It worked. The languishing ended. Today, both the House and Senate voted to pass House 1589.
I know from years of experience as a child abuse prosecutor that the primary reason victims of childhood sexual abuse choose to go forward with prosecutions, choose to undergo the ordeal of confronting their abusers and testifying in court, is that they want “to make sure that it doesn't happen to anyone else.” That motivation to testify in open court against their abusers is also the goal of the Massachusetts Sex Offender Registry: “to educate the public and to prevent further victimization.” The victims of the worst child sexual abusers, those eligible to be prosecuted under “Jessica’s Law,” should have the assurance of knowing that their sexual abusers will be required to register as sex offenders. Asking those victims to go forward with prosecutions now, without any assurance that their abusers will be required to register as sex offenders if convicted, thwarts those victims and sullies their courage. If progress on House 1589 continues, if the Governor signs it, that assurance for victims will finally exist.
Why hasn't it existed during the past two years?
The Democratic primary in the Norfolk District Attorney race is September 14. For more information about my candidacy, please go to www.electmichaelchinman.com.
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